TERMS OF USE OF THE WEBSITE

In compliance with Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI-CE), THE MULLIGAN FACTORY, S.L. (hereinafter “THE MULLIGAN FACTORY”) informs that it owns the website https://www.themulliganfactory.com (hereinafter “WEBSITE”). In accordance with the requirement of article 10 of the aforementioned Law, THE MULLIGAN FACTORY reports the following data:

The owner of this website is THE MULLIGAN FACTORY, S.L., with CIF B-66767245 and registered office at c/ Josep Tarradellas 51, 1st 2nd sant Cugat del Valles, CP 08195 (Barcelona), registered in the Commercial Register, in volume 45379, folio 185, sheet B485536 and inscription 1a. The email address of contact with the company is hola@themulliganfactory.com.

1. USER AND LIABILITY REGIME

Access to, browse, and use of the WEBSITE confers the status of USER. Users will therefore be all natural persons who access the WEBSITE. And the USER will be able to access the WEBSITE either through a personal computer, either through any application developed for “smartphones” or by any other means and that, where appropriate, uses the services offered by THE MULLIGAN FACTORY, so all the conditions of use established here are accepted from that point without prejudice to the application of the corresponding regulations of mandatory legal compliance according to each case.

THE MULLIGAN FACTORY has developed this WEBSITE with the aim of publicizing its products and services, collecting different information of interest, and offering information to the USER about the different solutions offered by society and specifically designed to help the golf industry transform itself, and in particular, on the Clapphouse mobile app solution.

THE MULLIGAN FACTORY may also provide in certain circumstances an intermediation service between users and companies in the golf industry, for the search, in accordance with the user’s preferences, for services complementary to those provided by THE MULLIGAN FACTORY.

The USER assumes his responsibility for the diligent use of the WEBSITE and the services accessible through it, subject to the Law, good customs and these Terms of Use, as well as maintaining due respect to other USERS. This responsibility shall extend to:

• The veracity and legality of the information provided by the USER in the forms extended by THE MULLIGAN FACTORY for access to certain content or services offered by the WEBSITE.
• The use of the information, services and data offered by THE MULLIGAN FACTORY contrary to the provisions of these Terms of Use, the Law, morality, good customs or public order, or that in any other way may involve injury to the rights of third parties or the same functioning of the WEBSITE.

The USER will waive the use of any of the materials and information contained on this WEBSITE for illicit purposes and expressly prohibited herein Terms of Use, which are contrary to the rights and interests of THE MULLIGAN FACTORY and/or third parties, and must respond to them in case of contravening or breaching these obligations and/or act in any way (including the introduction or dissemination of “computer viruses”) that damages, disables, overloads, deteriorates or prevents the normal use of the materials and information contained in the WEBSITE, the information systems or documents, files and all kinds of content stored in any computer equipment of THE MULLIGAN FACTORY OR any USER OF THE WEBSITE.

2. LINK POLICY AND DISCLAIMER

THE MULLIGAN FACTORY makes available to USERS links in order to facilitate access to information, services and other content available on the Internet. The links enabled on this WEBSITE may lead the USER to other sites and websites managed by third parties, over which THE MULLIGAN FACTORY does not exercise any kind of control.

THE MULLIGAN FACTORY is not responsible for the content of the websites that the USER can access through such links, and declares that in no case will proceed to examine or exercise any type of control over the content of other sites of the network. Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

The existence of links does not presuppose a relationship of any kind between THE MULLIGAN FACTORY and the owner of the linked website.

Likewise, THE MULLIGAN FACTORY is not responsible for damages of any kind that may arise from the lack of accuracy, completeness, timeliness, as well as errors or omissions that may affect the information and services contained on this WEBSITE, or other content that can be accessed through it, nor assumes, in the latter case and for the contents outside this WEBSITE, no duty or commitment to verify or monitor its contents and information.

THE MULLIGAN FACTORY does not guarantee the availability, continuity or infallibility of the operation of the WEBSITE and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the WEBSITE and the services enabled therein as well as its contents.

THE MULLIGAN FACTORY declares that it has taken all necessary measures to avoid any damage to the USERS of its WEBSITE, which may arise from browsing its WEBSITE. Consequently, THE MULLIGAN FACTORY is not responsible, in any case, for any damages that the USER may suffer by browsing the Internet.

THE MULLIGAN FACTORY disclaims all liability for computer or other damages that may cause the visiting USER to access the contents of this WEBSITE. Therefore, THE MULLIGAN FACTORY does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations in the computer system, electronic documents or files of the USER.

3. MODIFICATIONS

THE MULLIGAN FACTORY may, to improve its service and for the benefit of USERS, unilaterally alter, at any time and without prior notice, the design, presentation, configuration, and/or operating conditions, techniques and use of the WEBSITE, as well as some of, or all, the services, and add new services. Such modifications may be made through its WEBSITE by any form admissible in law and will be mandatory during the time they are published on the WEBSITE and until they are validly modified by subsequent ones.

The USER must be aware that the materials and links contained on this WEBSITE may not reflect the latest information of the services offered by THE MULLIGAN FACTORY.

Likewise, USERS, in order to improve the WEBSITE and establish an optimal level of quality, may suggest those modifications that they deem useful, contacting the persons responsible for the WEBSITE through the email address hola@themulliganfactory.com.

4. PRIVACY POLICY

THE MULLIGAN FACTORY informs the USER that the company may obtain and collect personal data through the means described below:

• Own navigation through the WEBSITE.
• Newsletterregistration form.
• Satisfaction surveys.

In the event that the USER has registered with any of the newsletters of THE MULLIGAN FACTORY, the user’s data may be processed in order to send electronically, personalized information that may be of interest to you and in relation to the activity of THE MULLIGAN FACTORY, as well as to participate in satisfaction surveys. In any case, if you do not wish to receive commercial communications, the USER can click on the option “Unsubscribe” in the respective communications or send an email to hola@themulliganfactory.com with the subject “Unsubscribe from the newsletter“.

In accordance with the provisions of the current regulations on Protection of Personal Data, we inform you that the data provided by the USER will be incorporated into the processing system owned by THE MULLIGAN FACTORY, in order to facilitate, expedite and comply with the commitments established between both parties.

It is also reported that THE MULLIGAN FACTORY will adopt the necessary technical and organizational measures, according to the level of security of the data collected, established in the current regulations on data protection, that guarantee the security of the same, in order to avoid their alteration, loss, treatment or unauthorized access.

In accordance with the rights conferred by the current regulations on the protection of Personal Data, the USER may exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition, directing his request to the postal address indicated above or through the email hola@themulliganfactory.com.

Until the USER communicates otherwise to THE MULLIGAN FACTORY, the USER will understand that their data has not been modified, that the USER undertakes to notify THE MULLIGAN FACTORY of any variation thereof, and that THE MULLIGAN FACTORY has the consent to use them in order to be able to retain the relationship between the parties.

In order to use the WEBSITE, USERS must be at least 14 years of age.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

All exploitation rights are reserved. This WEBSITE is protected by the laws on Intellectual and Industrial Property.

THE MULLIGAN FACTORY by itself or as a transferee, owns all the intellectual and industrial property rights of its WEBSITE, as well as the elements contained therein (including images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will therefore be works protected as intellectual property by the Spanish legal system, being applicable both the Spanish and Community legislation in this field, as well as the international treaties relating to the matter and signed by Spain.

All rights reserved. Pursuant to the provisions of Articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, the reproduction, distribution and public communication, including its modality of making available, all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the express authorization of THE MULLIGAN FACTORY are expressly prohibited.

The USER undertakes to respect the intellectual and industrial property rights owned by THE MULLIGAN FACTORY. You will be able to view the elements of the portal and even print, copy and store them on your computer’s hard drive or on any other physical media as long as it is, solely and exclusively, for your personal and private use. The user must refrain from deleting, altering, circumventing or manipulating any protection device or security system that was installed on the pages of THE MULLIGAN FACTORY.

6. THIRD PARTY SERVICES

The WEBSITE may use the services of third parties:

a) To obtain the software and/or services (e.g. for the creation of a particular component of the WEBSITE).

b) In relation to the software and/or services provided through the WEBSITE (e.g. in relation to search features).

In addition, in order to access, use, or continue to access the WEBSITE, you may need to use certain third-party services.

The use of third party services may be subject to additional fees and Terms of Use, and the USER agrees that THE MULLIGAN FACTORY is not responsible for the activities of such third parties, when these services process personal data for their own purposes.

The WEBSITE may obtain analysis data through providers that allow you to understand the use and analyze the popularity index of the WEBSITE. This analysis is carried out on behalf of THE MULLIGAN FACTORY, so the responsibility for this activity corresponds to the company itself.

In particular, the WEBSITE uses Google Analytics, an entity that stores through trackers information that allows to compile statistics on the traffic and volume of visits of websites or applications. By using the WEBSITE you are consenting to the processing of information about you by Google. Therefore, the exercise of any right in this regard must do so by communicating directly with Google.

Google Analytics storage devices are hosted on servers located in the United States, and Google agrees not to share the captured information with third parties, except where it is necessary for the operation of the system or where the law requires it to do so. According to Google, the company does not save your IP address. Google Inc. ensures that all data transferred will be treated with a level of protection in accordance with European regulations. Detailed information on this subject can be found through the https://support.google.com/analytics/answer/6004245link.

In addition, THE MULLIGAN FACTORY uses MailChimp’s tool and services to manage the sending of newsletters to USERS who have previously signed up for said newsletter through any of the forms enabled for this purpose. MailChimp storage devices, a solution of The Rocket Science Group, are hosted on servers located in the United States, and The Rocket Science Group, LLC undertakes not to share the information provided with third parties, except where necessary for the operation of the system or where the law requires it to do so.

In this regard, THE MULLIGAN FACTORY has signed different service contracts, in line with decision of 5th of February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries, in accordance with Directive 95/46/EC of the European Parliament and of the Council, both with Google Inc and The Rocket Science Group, LLC in order to comply with the legal requirements regarding international data transfers.

THE MULLIGAN FACTORY informs you that your personal data may be subject to international transfer so with the acceptance of these Terms of Use, you give your express consent.

7. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

THE MULLIGAN FACTORY also reserves the right to file civil or criminal actions that it deems appropriate for the improper use of its WEBSITE and contents, or for the breach of these Terms of Use.

The relationship between the USER and the provider will be governed by the regulations in force and applicable in the Spanish territory. If any dispute arises, the parties may submit their disputes to arbitration or go to ordinary jurisdiction in compliance with the rules on jurisdiction and jurisdiction in this regard. THE MULLIGAN FACTORY is domiciled in Barcelona, Spain.